S-1494.2 _______________________________________________
SENATE BILL 5795
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Moore, Amondson and Jesernig
Read first time 02/15/93. Referred to Committee on Labor & Commerce.
AN ACT Relating to regulatory reform; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 36.01 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:
In addition to other requirements imposed by law, no city or town may adopt an ordinance or resolution, the violation of which subjects a business to a penalty or sanction, or that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession, unless:
(1) There exists a written record providing clear and convincing evidence that: (a) The particular ordinance or resolution is needed; (b) the benefits of the particular ordinance or resolution outweigh its costs; (c) the city or town considered any other less intrusive or less costly means to achieve the purpose of the rule that were proposed in public hearing, but had reasonable justification for rejecting them in favor of the adopted rule; and (d) a fee imposed by the ordinance or resolution is reasonable and directly related to the cost of program administration;
(2) To the extent practicable, the ordinance or resolution is clearly and simply stated, so that it will be understood by a party required to comply;
(3) The ordinance or resolution does not conflict with, or, without reasonable justification, overlap or duplicate, any other provision of local, state, or federal law; and
(4) The city or town has a written plan to inform and educate affected parties about the rule, to promote voluntary compliance, and to evaluate whether the ordinance or resolution achieves the purpose for which it was adopted.
NEW SECTION. Sec. 2. A new section is added to chapter 36.01 RCW to read as follows:
In addition to other requirements imposed by law, no county may adopt an ordinance or resolution, the violation of which subjects a business to a penalty or sanction, or that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession, unless:
(1) There exists a written record providing clear and convincing evidence that: (a) The particular ordinance or resolution is needed; (b) the benefits of the particular ordinance or resolution outweigh its costs; (c) the county considered any other less intrusive or less costly means to achieve the purpose of the rule that were proposed in public hearing, but had reasonable justification for rejecting them in favor of the adopted rule; and (d) a fee imposed by the ordinance or resolution is reasonable and directly related to the cost of program administration;
(2) To the extent practicable, the ordinance or resolution is clearly and simply stated, so that it will be understood by a party required to comply;
(3) The ordinance or resolution does not conflict with, or, without reasonable justification, overlap or duplicate, any other provision of local, state, or federal law; and
(4) The county has a written plan to inform and educate affected parties about the rule, to promote voluntary compliance, and to evaluate whether the ordinance or resolution achieves the purpose for which it was adopted.
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